The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1887-02-04
From lss page ]

doctrine, founded mlonu upon the uect.
sions Of Courts, which dates back only
hundred years, which IL, as we have
seen, without warrant either In The
State or Federal Consultation, or In the
common Law, or in reason. .is based by the
Courts upon the supposed necessity in
a Government limited by written Con.
stitution, of the lodgment somewhere Of
the power to correct and restrain any in.
fractions by the Lsgislature,of he fun
damontal law Of the land and that access
nar.ly Il must inhero in the judiciary.
But there cannot be- discovered either
10 the Federal or State Consultation any
inkling Of tho theory that two Of the
three separate departments Of Govern
ment are fallibls and that the third Il
infallible and ouldtherefore dominate
over The other two. The Judges like
Legislators arc men, and as such are
fallible. They are as liable 10 violate
the Constitution US Legislators. La fact.
In regard to this very aot, decided by the
Court TO be unconstitutional, the beat
standard authorities sustain the I.egis-
lature and not the Courts. Cooley on
Constitutional Lipitations, COLI And
the history Of ell State and Federal Leg
islation for the last hundred years dis
close no such bold and palpAble inirac-
tion.of the Constitution as has been re-
Gently exhibited by the Supreme Court
of tie United States in remarkable
decision, Ia which by course Of rea-
son,ng that would DO ludicrous II che
drift Of II was not alarming.it ruthlesaly
broke down that Constitutional barrier
which heretofore has prevented State
from being sued. Ola U. S., 269.)
There Is corrective for any disregard
Of tho fundamental law by the LagiSla.
tnre, but II Is with the people and not
with either OF the other co.-ordinat3
branches of Government II any Leg
islators violate the ConStitution, the
people, which are sovereign, will retire
them to private life and remedy the
wrong which has been committed, by
repeating the unconstitutional Law. The
people who make Constitutions are il
righifal interpreters. This Is The true
theory Of our Government II is far
superior to the theory Of the Courts
that they can correct legislation and
that their Interpretation Is Einal and
conclusive. This Court theory not only
shackles legislative action but IL i .
throttle upon the popular will. By Il
the people can never give expression Il
their sovereign will as 10 ConAtitution.
al question involved IA pArticulaF law
rhe Courts claim that they have th,
inal decision, instead Of the sovereigr
whose servants ther are. This claim 4
. nn usuFpstion vfpower. Il IL tyranny
Gentlemen OF the Legislative As.
semhly OF Oregon You are entrust
ed by the people Of this State, undei
the Constitution, with the sole pow
or Of making, altering and repeslIni
!. the laws OF this commonwealth. Yol
are uuder solemn obligation 10 you
/. oath of ofiice 10 make those laws con
!, form TO the Consultation and you ar
under the very same obligation to re
: tLID for tho people OF The Ssste, II
its completest vigor and scope, thl
highest and most sacred prerogatIy'
OF free people, the exclusive righ
In It's Legislative Assembly OF max
Ing, altering and repeating Iaws
FindIng, therefore, no warrant, either
in the State or Federal Constitution,
fer the Judicial Department to nulIliy
an enactment OF the Legislature, the
conclusion IL Irresistible that the Reg
istraiion Act as passed by the Legis-
lature OF Oregon Is the law OF the
land to-day, and that the order ol
the Court suspending the Operations
OF such law was In violation Of Section
%, Article l., OF the Constitution,
and therefore that II was void and oI
no effect. Such being the case,
would suggest to the Legislature thai
such law needs some modification.
While 1t Is absolutely necessary, ID
order to have fair ballot, and 10 or,
der that tho constitutional provision
emitting citizens sito vote ut all slec.
tions authorized by law" may not bt
a WORTHLESS, privilege, that . regis
: trAtion should be had Ia our large
] cities, yet such registration In coun-
try districts Is not only not necessary
to fair ballot, but It IS q positive
hardship and an unnecessary burden
A change in The election law shouI,
be- made by which registration ma,
J be had only where needed for
fair election, say In counties contain.
/ Ing cities of five thousand inhabI.
!. tants and over. You have ampl
I warranty for such a change in th,
J law 10 Section s. Article H., OF tn
Constitution, and 1t Is your d duty 4
/ make the necessary amendment.